,,ii #aahth ,,congress #b;d ,session ,s4 #chge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #f1 #bjbd,ms4 ,klobuchar 7for herself and ,ms4 ,murkowski7 introduced the following bill2 which was read twice and referred to the ,committee on ,rules and ,administration ,a ,,bill ,to amend the ,federal ,election ,campaign ,act of #aiga to provide further transparency for the use of content that is substantially generated by artificial intelligence in political advertisements by requiring such advertisements to include a statement within the contents of the advertisements if generative ,,ai was used to generate any image1 audio1 or video footage in the advertisements1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,ai ,transparency in ,elections ,act of #bjbd4 #b4 ,requiring disclaimers on advertisements containing content substantially generated by artificial intelligence 7a7 ,requirement ,section #cah of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabj7 is amended by adding at the end the following new subsection3 7e7 ,special disclaimer for covered communications containing content substantially generated by artificial intelligence 7#a7 ,definitions ,for purposes of this subsection3 7,a7 ,covered communication 7i7 ,in general ,the term covered communication means a communication through any broadcasting station1 newspaper1 magazine1 outdoor advertising facility1 mailing1 telephone bank1 internet or other digital medium1 or any other type of general public political advertising that-- 7,i7 expressly advocates for or against the nomination or election of a candidate2 7,,ii7 refers to a candidate at any time during the period beginning #abj days before the date of a primary election or nominating caucus or convention and ending on the date on which a general election occurs2 or 7,,iii7 solicits a contribution for a candidate or political committee or any other person who makes disbursements for communications described in subclause 7,i7 or 7,,ii74 7ii7 ,voice and likeness ,a communication that invokes the likeness or voice of a candidate shall be treated as a communication that refers to such candidate4 7,b7 ,generative artificial intelligence ,the term generative artificial intelligence means artificial intelligence technology that uses machine learning 7including deep-learning models1 natural language processing1 or other computational processing techniques of similar or greater complexity7 to generate text1 images1 audio1 video1 or other media4 7,c7 ,substantially generated by artificial intelligence 7i7 ,in general ,the term substantially generated by artificial intelligence means an image1 audio1 or video that was created or materially altered using generative artificial intelligence4 7ii7 ,exception ,such term does not include an image1 audio1 or video that-- 7,i7 has only minor alterations by generative artificial intelligence 7including cosmetic adjustments1 color editing1 cropping1 resizing1 and other immaterial uses72 and 7,,ii7 does not create a fundamentally different understanding than a reasonable person would have from an unaltered version of the media4 7#b7 ,requirement ,if a covered communication contains an image1 audio1 or video that was substantially generated by artificial intelligence1 the covered communication shall include1 in a clear and conspicuous manner1 a statement that the covered communication contains such an image1 audio1 or video4 7#c7 ,safe harbor for determining clear and conspicuous manner ,a statement required under this subsection shall be considered to be made in a clear and conspicuous manner if the statement meets the following requirements3 7,a7 ,image covered communications ,in the case of an image that is a covered communication1 the statement-- 7i7 appears in letters at least as large as the majority of the text in the covered communication or otherwise meets the requirements under subsection 7c77#a72 7ii7 meets the requirements of paragraphs 7#b7 and 7#c7 of subsection 7c72 7iii7 states that the covered communication was created or materially altered by artificial intelligence2 and 7iv7 is permanently affixed to the covered communication4 7,b7 ,audio covered communications ,in the case of an audio covered communication1 the statement-- 7i7 is spoken in a clearly audible and intelligible manner at the beginning or end of the covered communication and lasts not fewer than #d seconds2 and 7ii7 includes the following audio statement in a clearly spoken manner3 used artificial intelligence to generate the contents of this communication4 7with the blank filled in with the name of person who made the disbursement to pay for such covered communication74 7,c7 ,video covered communications ,in the case of a video covered communication that also includes audio1 the statement is made both in-- 7i7 a written format that meets the requirements of subparagraph 7,a7 and appears throughout the length of the video covered communication2 and 7ii7 an audible format that meets the requirements of subparagraph 7,b74 4 7b7 ,enforcement 7#a7 ,in general ,section #cji7;a77#d77;,c77i7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;a77#d77;,c777i77 is amended-- 7,a7 in the matter before subclause 7,i71 by inserting or a qualified disclaimer requirement after a qualified disclosure requirement2 and 7,b7 in subclause 7,,ii7-- 7i7 by striking a civil money penalty in an amount determined1 for violations of each qualified disclosure requirement and inserting a civil money penalty-- 7aa7 for violations of each qualified disclosure requirement1 in an amount determined 2 7ii7 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following new item3 7bb7 for violations of each qualified disclaimer requirement1 in an amount which is determined under a schedule of penalties which is established and published by the ,commission and which takes into account the existence of previous violations by the person and how broadly the communication is distributed and such other factors as the ,commission considers appropriate1 provided that any such civil penalty shall not exceed #ej1jjj per covered communication4 4 7#b7 ,failure to respond ,section #cji7;a77#d77;,c77ii7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;a77#d77;,c77ii77 is amended by striking the period at the end and inserting 1 except that in the case of a violation of a qualified disclaimer requirement1 failure to timely respond after the ,commission has notified the person of an alleged violation under subsection 7a77#a7 shall constitute the person's admission of the factual allegations of the complaint44 7#c7 ,qualified disclaimer requirement defined ,section #cji7;a77#d77;,c7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;a77#d77;,c77 is amended by redesignating clause 7v7 as clause 7vi7 and by inserting after clause 7iv7 the following new clause3 7v7 ,in this subparagraph1 the term qualified disclaimer requirement means the requirement of section #cah7;e77#b74 4 7#d7 ,application ,clause 7vi7 of section #cji7;a77#d77;,c7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;a77#d77;,c771 as redesignated by paragraph 7#c71 is amended-- 7,a7 by striking shall apply with respect to violations and inserting shall apply-- 7,i7 with respect to violations of qualified disclosure requirements 2 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new subclause3 7,,ii7 with respect to violations of qualified disclaimer requirements occurring on or after the date of the enactment of the ,,ai ,transparency in ,elections ,act of #bjbd4 4 7#e7 ,time of judicial review ,section #cji7;a77#h77;,a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;a77#h77;,a77 is amended by inserting 7#de-;day period in the case of any complaint alleging a violation of section #cah7;e77#b77 after #abj-;day period4 7c7 ,regulations ,not later than #ij days after the date of enactment of the ,,ai ,transparency in ,elections ,act of #bjbd1 the ,federal ,election ,commission shall1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology1 promulgate a regulation to carry out the amendments made by subsections 7a7 and 7b71 including-- 7#a7 criteria for determining whether a covered communication 7as defined in section #cah7;e7 of the ,federal ,election ,campaign ,act of #aiga1 as added by subsection 7a77 contains an image1 audio1 or video substantially generated by artificial intelligence 7as defined in such section72 and 7#b7 requirements for the contents of the statement required under section #cah7;e77#b7 of the ,federal ,election ,campaign ,act of #aiga1 as added by subsection 7a74 7d7 ,effective date ,the amendments made by this section shall-- 7#a7 apply with respect to any communication made after the date of enactment of this ,act2 and 7#b7 take effect without regard to whether the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 #c4 ,reports ,not later than #b years after the date of enactment of this ,act1 and biannually thereafter1 the ,federal ,election ,commission shall submit a report to the ,committee on ,rules and ,administration of the ,senate and the ,committee on ,house ,administration of the ,house of ,representatives that includes-- 7#a7 an assessment of the compliance with and the enforcement of the requirements of subsection 7e7 of section #cah of the ,federal ,election ,campaign ,act of #aiga1 as added by this ,act2 and 7#b7 recommendations for any modifications to that subsection to assist in carrying out the purposes of that subsection4 #d4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of any such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 and the application of such provision or amendment to any other person or circumstance1 shall not be affected by the holding4